EXPLANATORY STATEMENT
STATUTORY RULES NO. 134 OF 1985
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
The attached Statutory Rules, which came into operation on 1 July 1985, amend the Finance Regulations, which were made pursuant to section 71 of the Audit Act 1901.
Details of the amendments are as follows:-
“Permanent Head”
The Public Service Reform Act 1984 amended references in legislation from “Permanent Head” to “Secretary”. The Statutory Rules amended various Finance Regulations to reflect this change by substituting “Secretary” for “Permanent Head” wherever the latter term occurred.
“Accounting Office”
The term “Accounting Office” was used in various Regulations to describe offices established by the Minister for Finance pursuant to regulation 123. Since the term “Regional Office” is now in general use to refer to such offices, the Statutory Rules replaced “Accounting Office”, wherever appearing, with “Regional Office”.
Regulation 4
This Regulation has been amended to give effect to the changes in terminology referred to above; the previous definitions of “Permanent Head” and “Accounting Office” have been replaced with definitions of “Secretary” and “Regional Office” and the previous definition of “Secretary” (as Secretary of the Department of Finance) has been omitted.
In addition, paragraph (d) of the definition of “Department” has been amended by including a reference to that branch of the Australian Public Service in relation to which the President of the Inter-State Commission has the powers of a Secretary of a Department. This ensures that, for the purposes of the Regulations, the Inter-State Commission will operate, in terms of its financial administration, as an independent Department.
Further amendments, the inclusion of a reference to the Official Secretary to the Governor-General in the definitions of “Department” and “Secretary”, have also been made. The amendments have the effect of making the Official Secretary a Department for the purposes of the Regulations.
Regulation 6A
Regulation 6A has been amended by adding the Australian Centre for International Agricultural Research and the Office of the Director of Public Prosecutions to the list of prescribed authorities. Also, the reference to the Australian Electoral Office has been replaced by the “Australian Electoral Commission”.
As prescribed authorities, these bodies are subject to the Audit Act 1901 in their own right and their financial administration is free of direct oversight by any Department of State.
Regulations 41, 61, 71, 84 and 109
Sub-regulations 41(2), 61(4), 71(2), 74(5), 84(6) and 109(2), which had the effect of ‘delegating’ the Secretary of the Department of Finance’s powers and functions under these Regulations, have been omitted. In future, any delegation of the Secretary’s powers will be made under section 72(4) of the Audit Act 1901, as necessary.
Regulation 44
Regulation 44, which required that the Auditor-General be advised of all accountable forms supplied to Commonwealth Departments, has been repealed. It is no longer necessary, or appropriate, for the Auditor-General to be so advised.
Regulation 123
Regulation 123 and the heading thereto have been amended to reflect the change in description from “Accounting Office” to “Regional Office”.
Schedule
The Schedule sets out the amendments which have been made as a consequence of the changes in terminology from “Permanent Head” to “Secretary” and from “Accounting Office” to “Regional Office”.